Germany NCP

Overview

OECD member Number of cases 1 NCP Type Single Department with Interagency Working Group
Description The German NCP is based in the Federal Ministry of Economics and Technology. It involves other relevant government ministries through an Interministerial Task Force ("Ressortkreis OECD-Leitsätze") (see members below). It has also created a Working Group ("Arbeitskreis OECD-Leitsätze") that comprises representatives of government together with trade unions, business and civil society.

Procedures The German NCP has published clear and comprehensive procedures for submitting cases on its web site (see link). While the procedures largely reflect the 2011 Guidelines, they make reference to the requirement for investment - an 'investment nexus'. This is out of line with the 2011 Guidelines and in particular the due diligence requirements set out in Chapter II. General Policies, and IV. Human Rights:

Extract from German NCP Procedures

"Scope of application of the Guidelines and compliance with their intentions
The issue must be bona fide and relevant to the implementation of the Guidelines and adequately substantiated. To establish this, the scope of application of the Guidelines needs to be considered along with the pertinence of the allegedly violated recommendations. The Guidelines form part of the OECD’s Declaration of Investment and are primarily intended to ensure that corporate social responsibility is upheld where companies invest abroad. For the Guidelines to apply, therefore, an investment must have taken place (the “investment nexus').

Links to Procedures German NCP: OECD Guidelines for Multinational Enterprises Extraction: Complaint Procedure

Procedural Notes for Specific Instances ('Complaints') of the German National Contact Point for the OECD Guidelines for Multinational Enterprises

NCP Structure

NCP Interdepartmental Group Federal Ministry for the Environment, Nature Conservation and Nuclear Safety
Federal Ministry of Justice
Federal Ministry of Finance
Federal Ministry of Economic Cooperation
Federal Ministry of Labour and Social Affairs OECD Guidelines Working Group BDI - Bundesverband der Deutschen Industrie
DIHK - Deutsche Industrie- und Handelskammertag
DGB - Deutscher Gewerkschaftsbund
IG Metall Industrie Gewerkschaft Metall (Metal Workers Union)
Ver.di
Amnesty International Germany
Germanwatch
Evangelischer Entwicklungsdienst - EED
BDA - Bundesvereinigung der Deutschen Arbeitgeberverbände
Transparency International Germany
Federal Ministry for Food, Agriculture and Consumer Protection NCP Interdepartmental Group Chair Federal Ministry of Economics and Technology

TUAC Analysis

2011 UPDATE
Has the NCP reviewed its procedures/structures and updated its web site in light of the 2011 Update?
Has the NCP signed up for voluntary peer review?

INSTITUTIONAL ARRANGEMENTS
Does the NCP involve a broad range of government departments in its structure?
Is the Ministry of Labour/Employment part of the structure of the NCP?
Is the NCP tripartite or quadripartite (i.e. are the social partners and/or NGOs part of the NCP)?
Has the NCP created a multi-stakeholder oversight or advisory body?
Does this multi-stakeholder body play an oversight role?
Has the NCP taken steps to ensure impartiality?

INFORMATION, PROMOTION
Does the NCP have a dedicated web site or adequate web pages?
Are key parts of the NCP web site accessible in English or French?
Are key and current OECD materials on the Guidelines accessible through the NCP web site?
Are key and current OECD materials accessible in national language(s)?
Does the NCP promote the Guidelines to other relevant government departments at home?
Does the NCP promote the Guidelines to embassies and other relevant government departments abroad?
Does the NCP hold regular consultations with external stakeholders, including trade unions?
Has the NCP organised events to promote the Guidelines at home?
Has the NCP organised events to promote the Guidelines abroad?
Has the NCP organised promotional events in cooperation with external stakeholders, including trade unions?

IMPLEMENTATION IN SPECIFIC INSTANCES
Has the NCP developed procedures for submitting specific instances (cases)?
Are these procedures available in English or French?
Do these procedures include indicative timeframes for the handling of specific instances (cases)?
Do these procedures cover coordination with other NCPs in specific instances (cases)?
Has the NCP issued guidance on protection for complainants?
Does the NCP accept cases involving suppliers or other business partners (not just subsidiaries)?
Does the NCP accept cases involving parallel proceedings where there is no risk of prejudice to the parties to those proceedings?
Does the NCP publish its initial assessment?
Does the NCP inform other relevant government departments about its acceptance of a specific instance?
Does the NCP provide mediation to the parties for the purposes of resolving the specific instance (case)?
Does the NCP use professional, independent mediators?
In cases where mediation is refused or fails, does the NCP make an assessment of whether the company has breached the Guidelines?
Does the NCP provide for a right of appeal?
Has the NCP conducted in-host country fact finding, or is it willing to do so where necessary?
Does the NCP publish its final statement or report?
Does the NCP make recommendations to the company on the future implementation of the Guidelines in its final statement or report?
In its final statement or report does the NCP provide for follow-up such as monitoring the implementation of an agreement or recommendations?
Does the NCP inform other relevant government departments about its final statements and reports?
Does the NCP inform public pension funds about its final statements and reports?
Does the adhering country apply consequences when companies flout the Guidelines?
Does the Export Credit Agency condition access to export credits on an enterprise's compliance with the Guidelines?    Hermes Kreditversicherungs - AG (YES)
Does the Development Agency condition access to development cooperation support on an enterprise's compliance with the Guidelines?    Deutsche Gesellschaft für Technische Zusammenarbei (NO)
Does the government condition access to public procurement contracts on an enterprise's compliance with the Guidelines?

REPORTING
Does the NCP disclose its level of resources?
Does the NCP publish its reports to the OECD on its web site?
Is this report available in national languages?
Does the NCP publish other reports concerning its resources, activities and performance?
Does the NCP report on its implementation of the Guidelines to national parliament?

Contact Information

Full name The German National Contact Point (NCP): OECD Guidelines for Multinational Enterprises Address Federal Ministry of Economics and Technology (BMWi)–
Referat VC3
Scharnhorststraße 34-37
10115 Berlin
Telephone + 49 30 18 615-7521
Fax + 49 30-18 615-5378 Email buero-vc3@bmwi.bund.de
Second Email oecd-nks@bmwi.bund.de
NCP Website http://www.bmwi.de/English/Navigation/External-economic-policy/oecd-guidelines-for-multinational-enterprises.html
English

Validation

Date content last checked16/01/2012 TUAC affiliate validated NCP validated